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Al-Manahij : Jurnal Kajian Hukum Islam
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : 19786670     EISSN : 25794167     DOI : https://doi.org/10.24090/mnh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
AL-MANAHIJ is a scholarly journal of Islamic law studies. It is a forum for debate for scholars and professionals concerned with Islamic Laws and legal cultures of Muslim Worlds. It aims for recognition as a leading medium for a scholarly and professional discourse of Islamic laws. Al-Manahij covers textual and fieldwork studies of Islamic laws with various perspectives. The journal is published twice a year (every June and December), and each publication contains ten articles in the field of Islamic law, therefore in a year, the journal publishes twenty articles. The journal presents qualified scholarly articles, which always place Islamic law in the central focus of academic inquiry. This journal is a forum for debate for scholars and professionals concerned with Islamic law and Islamic legal cultures within local and challenging global contexts. The journal invites any comprehensive observation of Islamic law as a system of norms in Muslim society. The journal has become a medium of diffusion and exchange of ideas and research findings, so much so that researchers, writers, and readers have interacted in a scholarly manner.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Search results for , issue "Vol. 19 No. 2 (2025)" : 11 Documents clear
Epistemological Transformation of ʿUrf in the DSN-MUI Fatwa on E-Commerce: A Maqāṣid al-Sharīʿah Based Analysis Sanuri; Mubarok, Nafi'; Musafa’ah, Suqiyah; Irama, Yoga
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i2.13145

Abstract

The rapid growth of digital platforms in global commerce has reshaped conventional transactional norms, including among Indonesian Muslims, raising normative debates on the legitimacy of e-commerce within Islamic jurisprudence. While prior studies have addressed e-commerce in Islamic legal discourse, few have examined the transformation of ʿurf (customary practice) as a legitimate legal source in the digital age. This study introduces the DigitalʿUrf Alignment Model (DUAM), an integrative legal-epistemological framework that systematizes the adaptation of classical ʿurf to digital contexts through maqāṣid al-sharīʿah based validation. Employing a qualitative-normative approach, the research analyzes Fatwa No. 146/2021, issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), classical and contemporary fiqh sources, and emerging digital transaction models. It integrates concepts from uṣūl al-fiqh, maqāṣid al-sharī‘ah, and socio-philosophical reasoning to reconceptualize ʿurf as a dynamic category of legal interpretation. The findings affirm that digital ʿurf, structured through DUAM, enables its institutionalization as a normative legal source for fatwa and provides a scalable method for integrating classical jurisprudence with digital finance regulations.
Assessing Indonesia and Malaysia’s Legal Responsiveness to Domestic Violence Victims within Islamic Law Framework Nuroniyah, Wardah; Al Azkiya, Mohammad Azka; Wahid, Abdul; Labib Shodiq, Fatimah Lubabiyah; Maula, Bani Syarif
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i2.13736

Abstract

This study presents a comparative analysis of Indonesia and Malaysia’s legal frameworks for protecting victims of domestic violence through the lens of Islamic legal principles. It examines both substantive and procedural dimensions in light of maqāṣid al-sharī‘ah, which emphasize the preservation of life (ḥifẓ al-nafs), dignity (ḥifẓ al-‘ird), and family integrity (ḥifẓ al-nasl). Indonesia’s Law No. 23 of 2004 provides broad substantive protection by recognizing various forms of violence physical, psychological, sexual, and economic and extending safeguards to domestic workers. This inclusivity aligns with the Islamic principle of ‘adl (justice) and the duty to uphold human dignity, though weak coordination and limited law enforcement training hinder procedural implementation. In contrast, Malaysia’s Domestic Violence Act 1994 demonstrates stronger procedural responsiveness, particularly in issuing protection orders and promoting inter-agency cooperation. While its narrower scope excludes domestic workers, it reflects dar’ al-mafāsid (prevention of harm) through timely intervention. Malaysia’s dual legal system also integrates Islamic values into judicial practice. The study concludes that Indonesia excels in substantive inclusivity, while Malaysia demonstrates procedural strength. A hybrid model combining Indonesia’s normative scope with Malaysia’s procedural efficiency would better fulfill the Shariah’s holistic objectives of justice and protection.
Negotiating Islamic Legal Culture: Muslim Majority Participation under Non-Muslim Leadership in Multicultural Villages Karim, Abdul; Nur, Dany Miftah M.; Zubair, Abi Amar
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i2.13918

Abstract

This study analyzes non-Muslim leadership in a Muslim-majority community through Islamic legal culture, highlighting how religious norms, legal consciousness, and local wisdom inform tolerance and coexistence. Using qualitative participatory action research, data were collected via participant observation, with in-depth interviews, and documentation, and also triangulation ensuring validity. The Jrahi community, grounded in Islamic values of ukhuwah (brotherhood), ʿadl (justice), and taʿāwun (mutual help), responded positively to a non-Muslim village head whose character and service aligned with principles of justice and public welfare in Islamic ethics. His election reflected a negotiation between Islamic normative ideals and pragmatic governance, prioritizing integrity, maturity, and leadership capacity over religious affiliation. Although peace promotion was absent from his formal vision and mission, it was realized through cooperation and preservation of local traditions consistent with the Islamic legal value of maslahah. The community’s choice sought to maintain unity, prevent conflict, and guard against both syncretism undermining ʿaqīdah and radical extremism disrupting social order. This case demonstrates how Islamic legal culture adapts within multicultural realities, offering insights into the acceptance of minority leadership in Muslim-majority settings without compromising core Islamic legal and ethical principles.
The Urgency of the Halal Industry in Light of Islamic Legal Philosophy Irfan, M. Nurul; Rosyid, Maskur; Marjuni, Kamaluddin Nurdin; Mashilal
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i2.14029

Abstract

The Indonesian government, regulators, and Muslim consumers increasingly recognize the halal industry as an essential sector for economic growth. This study aims to assess the understanding, acceptance, and implementation of halal among educated Muslim youth and analyse the urgency of halal in food, tourism, and banking. The research was conducted at four State Islamic Universities (PTKIN) in Central Java, Indonesia, involving 145 students as respondents. A descriptive quantitative approach was applied using structured questionnaires, analysed with frequency and percentage techniques, and interpreted through Islamic legal philosophy, particularly fiqh and maqāṣid al-sharī‘a. The study finds that the halal of food, tourism, economy, and banking has a strong epistemological basis in Islam; however, a segment of Muslim minority students demonstrates rejection or inconsistent implementation due to differences in interpretation, limited accessibility, and perceptions of government policies. Despite this, there is strong support for halal, with over 91% endorsing government initiatives and 92% acknowledging their contribution to economic growth. Based on these findings, the study recommends standardizing halal concepts across sectors, systematically evaluating program impacts, and continuously educating the public to optimise the implementation of Indonesia’s halal industry policy.
Maqāṣid al-Sharī‘ah and the Prohibition of Incest in Indonesian Legislation: An Analysis of the Protection of Lineage and Public Morals Sukataman; Idlofi; Agung Nugroho Reformis Santono; Umar Chamdan
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i2.14989

Abstract

The phenomenon of incestuous marriage in Indonesia continues to occur despite being strictly prohibited by Islamic law and national positive law. This paper discusses the issue of incest from the perspective of maqāṣid al-sharī‘ah, highlighting how the principles of ḥifẓ al-nasab (protection of lineage) and ḥifẓ al-‘irḍ (protection of morality and honour) serve as the normative and ethical basis for the prohibition of incestuous marriage. This study uses a qualitative approach based on normative and comparative legal analysis of classical Islamic legal sources, national legislation such as the Marriage Law, KHI, and KUHP, and developing social phenomena. The results of the study show that the maqāṣid al-sharī‘ah approach uses ṣalah al-uṣūl al-khamsah, ḥifẓ al-nasl, to formulate the prohibition of incest. Ḥifẓ al-nasl consists of two elements: wujūd (productive) and 'adam (protective). The prohibition of incest is a form of protective behaviour, similar to the prohibitions of adultery and qażf. The application of maqāṣid al-sharī‘ah to positive law can offer new possibilities for Indonesian law, which is expected to encompass legal, social, and moral aspects.
Misconception about Halal Certification Placement on Non-Food Commodities: State Coercion over the Territory of Ijtihad Hamid, Abdul; Fakhrina, Agus; Aziz, Fathul Aminudin; Mursid, Mansur Chadi
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i2.14064

Abstract

The obligation of halal certification for commodity products has created many dilemmas, one of which is the placement of the halal label on non-consumer goods. This is evidenced by the use of halal labels on several animal food products and non-food products. Even halal certification is also placed in the service sector, which is included in the supply chain management activities category. This study examines the government mandate for halal certification of commodity products and highlights the resulting public misunderstandings about the application of halal labels. Data were gathered from various online platforms, including news outlets, pet food websites, and sites unrelated to consumer goods that discuss halal certification. These sources were examined using descriptive analysis. The findings reveal that, on the one hand, the government helps consumers choose halal products; on the other, making the State the sole authority on what's halal and what's haram has confused halal labels and imposed legal pressure on matters that rightly belong in the domain of ijtihad. The mandatory halal certification imposes the formalism of religious language, leading people to feel that their economic activities are being dictated in the name of the common good, while disregarding alternative perspectives in assessing a product's halal or haram status. This finding underscores the need for additional follow-up measures to determine the extent of the benefits achievable through this mandatory halal certification requirement.
Living Islamic Law in Indigenous Communities in Indonesia: Integration of Fiqh in the Tradition of Mu’amalah of the Muslim Community of Banjar Mustofa, Imam; Sauqi, Muhammad; Ambarwati, Diana; Yahya, Alwi
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i2.14792

Abstract

The interaction between Islamic law and local wisdom among the Muslim community of Banjar in South Kalimantan reflects the significant dynamics of living Islamic law within the framework of legal pluralism in Indonesia. The mu‘amalah practices developed in this community are not limited to the application of normative fiqh alone, but are brought to life through cultural expressions and oral traditions, such as barelaan, tukar jual, jual lah seadanya, and bawa ja dulu, which serve a dual role as ṣīghat al-‘aqd and as social devices for upholding the principles of voluntariness, openness, honesty, and justice. This study aims to trace the forms, meanings, and mechanisms of integrating the principles of fiqh mu‘āmalah into the customary order, as well as to assess its contribution to the discourse on living law and maqāṣid al-sharī‘ah. A qualitative approach within a phenomenological framework is used. Research data were collected through participatory observation in traditional markets, interviews with local scholars, customary leaders, and traders. The results reveal that local scholars play a strategic role as mediators who interpret and adapt customary practices to align with the principles of Sharia. This process gives rise to a living legal system that is deeply rooted in social legitimacy and endowed with moral authority recognized by the community. From a theoretical perspective, this study broadens the understanding of legal pluralism through a model of reciprocal interaction between Islamic customary law, fiqh mu‘āmalah, and positive law, while enriching the discourse on maqāṣid al-sharī‘ah, particularly in the dimension of ḥifẓ al-māl, which is preventing loss and fostering blessings through social practices based on community trust and ethics.
Legal Protection in Sharia Securities-Based Crowdfunding: A Normative Review of Dual Regulation Noor, Afif; Ghofur, Abdul; Supangat; Fittria, Anis
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i2.14749

Abstract

Sharia Securities-based crowdfunding (Sharia SBC) has emerged as a novel financial innovation that integrates Islamic principles with financial technology, expanding investment access in Indonesia. However, this development has also created significant regulatory gaps and legal risks related to data protection, Sharia compliance, information asymmetry, and weak dispute resolution mechanisms. This study examines the adequacy of Indonesia’s dual regulatory model, the Financial Services Authority (OJK) and the National Sharia Council (DSN-MUI), in protecting investors and ensuring Sharia compliance in SBC. Using normative legal methods combined with comparative and policy-oriented approaches, the study identifies the lack of binding force in DSN-MUI fatwas, the limited role of the Sharia Supervisory Board, and weak enforcement of data security and disclosure standards. Comparative studies from Malaysia and Bahrain suggest that integrating Sharia audits and a centralized dispute resolution mechanism can strengthen legal certainty. These findings underscore the need for regulatory reforms to render DSN-MUI fatwas legally binding, establish a Sharia arbitration body, and mandate annual Sharia compliance audits for SBC operators. These recommendations aim to improve legal certainty, investor protection, and the integrity of Shariabased financial technology in Indonesia.
Analyzing the Legal Reasoning behind the Prohibition of Cryptocurrency Transactions in Indonesian Fatwa and Regulations Prabowo, Bagya Agung; Nurjihad; Rohidin
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i2.14974

Abstract

This study analyzes the legal rationale underlying the prohibition of cryptocurrency transactions in Indonesia, particularly through the Indonesian Ulema Council (MUI) fatwa and the government's regulatory framework. While MUI's fatwa bans cryptocurrency as a medium of exchange and investment due to elements of gharar, maysir, and unclear underlying value, Indonesian state regulations classify cryptocurrency as a tradable commodity under the supervision of the Commodity Futures Trading Regulatory Agency (Bappebti). This duality creates a normative tension between religious legal reasoning and positive law. Using a doctrinal and analytical approach, this research examines the basis of MUI's arguments, the extent to which cryptocurrency fits the criteria of lawful (halal) transactions in Islamic law, and how government regulation frames cryptocurrency within Indonesia's financial and digital economy policies. The findings indicate that MUI's prohibition is grounded in risk, volatility, and speculative characteristics, whereas the government adopts a pragmatic regulatory stance by focusing on consumer protection and market oversight. This study contributes to the ongoing discourse on harmonizing religious fatwas and state law in emerging digital financial technologies. 
The Politicization of Religion and Law Enforcement in Indonesia's Democratic Elections: An Islamic Legal Perspective Qosim, M. Rizal; Hariz, Hajar Salamah Salsabila; Arowosaiye, Yusuf Ibrahim; Azizah, Mabarroh; Idamatussilmi
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i2.15244

Abstract

The politicization of religion in Indonesia's democratic elections represents a structural challenge that disrupts constitutional governance, weakens legal neutrality, and conflicts with the normative principles articulated in al-Māwardī's fiqh siyāsah dustūriyyah. While existing scholarship has addressed the interplay between religion and politics, few studies examine how the strategic manipulation of religious symbols and clerical authority erodes institutional integrity when analysed through al-Māwardī's framework of governance. This study investigates the mechanisms and consequences of religious politicization by integrating key concepts of al-Māwardī, such as ʿadl (justice), amānah (trust), wilāyah al-qaḍā' (judicial authority), and ḥisbah (public oversight) as constitutional ethical standards for political conduct. Utilising a qualitative descriptive method and case study approach, the research analyses interactions among political elites, religious actors, and law enforcement bodies to understand how these relationships influence decision-making processes. The findings reveal three constitutional distortions: the instrumentalisation of religious narratives to delegitimise political opponents; the intervention of religious groups in judicial processes that threaten the independence of legal institutions; and transactional alliances that compromise the objectivity of state authority. From the perspective of al-Māwardī's fiqh siyāsah, these practices violate maqāṣid al-sharīʿah, especially the preservation of justice, intellect, and social cohesion, and contradict the constitutional ethics expected of legitimate governance. This study concludes that religious politicization functions as a systemic threat to the rule of law, undermines public trust, and deviates from al-Māwardī's normative model of just political authority. The research contributes a jurisprudential framework demonstrating how fiqh siyāsah dustūriyyah can guide ethical and accountable governance in contemporary Muslim-majority political systems.

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